CAT/OP/C/57/4 and other “aversion therapy”, reportedly causing psychological and physical harm (see A/56/156, para. 24). As noted by the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, attempts to “cure” those who engage in same-sex conduct are not only inappropriate, but have the potential to cause significant psychological distress and increase stigmatization of those vulnerable groups (see A/HRC/14/20, para. 23). 70. Many intersex children, born with atypical sex characteristics, are subjected to discrimination and medically unnecessary surgery, performed in health-care settings without their informed consent or that of their parents (see A/HRC/19/41, para. 57) in an attempt to force their physical appearance to align with binary sex stereotypes. Such procedures are typically irreversible and can cause severe, long-term physical and psychological suffering and may amount to torture or ill-treatment, as well as a harmful practice. Many entities have called for an end to the practice, including the Committee on the Rights of the Child, the Committee against Torture, the Special Rapporteurs on the right to health and on torture and the United Nations High Commissioner for Human Rights (see A/HRC/29/23, para. 53). D. Duty of prevention 71. The Subcommittee stresses that it is fundamental that lesbian, gay, bisexual, transgender and intersex persons are included in the design, implementation and evaluation of measures adopted to prevent torture and ill-treatment against them. That would ensure an understanding of the diversity of the individuals, groups, communities and populations concerned. The Subcommittee considers that the maxim “nothing about us without us” must be seen as a guiding principle in that regard. 72. Strengthening the protection of people deprived of their liberty requires the adoption of legislative, administrative and judicial measures. To be adequate, such measures require diligent risk assessment, including the identification of causes, forms and consequences of violence and discrimination. It is essential to question preconceptions, stereotypes and prejudice regarding conduct, physical appearance and perceived gender. It is also essential to ensure that context is assessed, taking into account the ethical principle of “do no harm”, since isolated, decontextualized or intuitive actions may increase the risk of violence against lesbian, gay, bisexual, transgender and intersex persons. 73. The reform of laws criminalizing consensual same-sex conduct is essential. Such laws, by their mere existence, violate the rights to privacy and non-discrimination (see A/HRC/29/23, para. 43). Moreover, they exacerbate the risk of other violations and impede the elimination of impunity in relation to torture and ill-treatment. 74. Authorities must adopt the measures necessary to ensure that violence based on sexual orientation and gender identity is properly identified, carry out prompt and impartial investigations into allegations of torture and ill-treatment, including sexual violence, in accordance with articles 12 and 13 of the Convention against Torture, and provide reparations to victims. In cases where those allegations involve prison staff, the staff members should be suspended from duty for the duration of the trial, and dismissed from service if they are found guilty (see CAT/OP/PRY/1, para. 216). States must prevent the further marginalization of persons when placing them in detention, and avoid subjecting them to the risk of violence, ill-treatment or torture. 75. Within the sphere of their competence, all State agencies, including national preventive mechanisms should collect and publish data on the number and types of incidents of torture and ill-treatment against lesbian, gay, bisexual, transgender and intersex 15

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